pillow fights. i'm pretty sure joe lieberman's jowls are memory foam. >> bret: neither lieberman. that's it for "special report," fair, balanced and unafraid. >> shepard: this is the fox report. tonight, mitt romney drops by the white house for a bite to eat with the president. plus, history as the united nations gets palestinians an upgrade and recognition as a palestinian state. it's a major change in status for the palestinian people. >> i think this is very important day for palestinians. >> shepard: but the united states and israel fiercely fought the shift. >> this is a provocative, unhealthy step that could undermine the peace process. >> it's a huge set back for

the prospects of restarting peace talks with israel. >> shepard: tonight, what this means for the entire mideast. plus, two winning tickets for the record-setting power ball jackpot. >> the power ball jackpot winner in arizona will split the prize with the other winner in missouri. >> shepard: so who are those mystery winners? and executives at the twinkies manufacturer got big pay hikes last year even as the company was fighting to stay afloat. now with hostess brands heading down the tubes and how sands out of work. some of those execs are coming back for more. but first from fox this thursday night, this was the moment when history unfolded at the united nations. >> the voting has been completed. [cheers] >> shepard: with that the general assembly officially changed the palestinian status

to a nonmember observer state much like the vatican. the final vote today a landslide 138 to 9. with everybody else abstaining. the united states and israel the strongest opponents of this resolution. tonight, they are reacting with sharp criticism. but the palestinian people, they are pretty excited about it all. today's vote doesn't give them independence but it is a step in that direction, they believe. and just look at the scene in the west bank this is ramallah just minutes after the results became official. thousands of people celebrating in the streets. their hope that the general assembly's endorsement gives them more leverage when they're negotiating with israel. now let's look at how they are getting those negotiations done. these are the current borders in the middle east. they want to go back to the lines drawn in a war in 1967. the '67 borders they call it give back the land in the west bank and gaza and east jerusalem that the israelis captured in that six days of

war. keep in mind we're just days into a truce in the latest conflict between the israelis and hamas militants who run the west bank or i should say that run gaza and palestinian say today's development could help bring about peace in the region not sabotage it as the israelis and some in washington claim. >> today's grand pronouncement will soon fade and the palestinian people will wake up tomorrow and find that little about their lives has changed. say that the prospects of a durable peace have only receded. >> shepard: minutes after the vote secretary of state hillary clinton echoed that perspective calling today's vote unfortunate and counter productive. with that we have team fox coverage of today's developments. jonathan, well, first we are going to have david lee miller in jerusalem. first let's get to the fox report's correspondent jonathan hunt live for us at the united nations. jonathan, a lot of strong words there today.

>> very strong language indeed, shep. on the palestinian side, president mahmoud abbas described this resolution as a last chance for peace. implicit in that is the argument by recognizing a palestinian state, the united nations emboldens and strengthens mahmoud abbas' moderate fatah party against the more militant hamas. israeli official said this is not about any particular palestinian faction and they said, in fact, palestinians of all political stripes have repeatedly turned away from negotiations and towards violence. here are the arguments from both sides in the order that they were presented to the general assembly. listen. >> the general assembly stands before a moral duty, which it must not hesitate to undertake and stands duty, which cannot

endure further delay. >> the truth is, that israel wants peace and the palestinians are avoiding peace. those are supporting the resolution today are not advancing peace. they are undermining peace. the u.n. was founded to advance the cause of peace. today the palestinians are turning their back on peace. >> the u.s., of course, agreed with that israeli argument but not many other nations did. only 8, in fact, joining the united states in voting no to recognize ago palestinian state, shep. >> shepard: jonathan, as you mentioned a lot of symbolism there but a practical matter of importance as well when it comes to the international criminal court. >> yeah, this is the practical concern, at least the biggest practical concern here is that by recognizing a palestinian state, that also gives the palestinians access to the international criminal court. and mahmoud abbas pointedly

used the phrase war crimes in his speech, an indication that palestinians may well try to bring war crimes charges against israeli generals, all politicians in the international criminal court. if that happens, it is very hard to see. prime minister netanyahu, mahmoud abbas or any of their under lings sitting down for any kind of peace negotiations that is the practical concern tonight, shep. >> shepard: jonathan hunt at the united nations for us. jonathan, thanks. you mentioned the israeli prime minister, well, he says if the palestinians want their own state, they have to first agree to certain conditions. first and foremost recognize israel as the jewish homeland. that's something the palestinians are not likely to agree to do any time soon. team fox coverage continues now. david lee miller live this evening in jerusalem. david lee? >> shepard, israeli reaction it was quick and by and large it was predictable. the office of the prime minister benjamin netanyahu issued a statement after the appearance at the u.n. by the

palestinian president mahmoud abbas. that statement said and i quote the word watched the defamatory and venomous speech full of propaganda the ids defense bosses and the citizens of israel. someone who wants peace does not talk in such a manner. truly before the vote burned palestinian flag here in jerusalem. the u.n. vote diplomatic terrorism but in the last few days after realizing the vote was going to have overwhelming support, tried to down play its significance. israeli defense minister ehud barak in washington today meeting with leon panetta says the vote does not replace peace talks. >> i see that nothing can replace on the way to serve our -- the substance, the conflict nothing can replace the direct negotiation with no conditions. >> palestinians meanwhile celebrated the u.n. vote

upgraded status to nonmember u.n. state. final tally wasn't until around midnight local time. crowds filled the streets of ramallah on the west bank. see a number of cars on the streets and palestinian flag flying. most of the demonstrators are supporters of fatah. today's won the approval of rival militant fashions there was support in hamas controlled gaza. after being marginalized during the recent conflict between israel and gaza the palestinian president is for today at least a hero among the palestinian people. the question though that is yet to be answered, what will the long-term impact be of today's vote israelis and many palestinians concede for the most part it is largely symbolic. shepard? >> shepard: david lee miller live in jerusalem tonight. domestic issues here at home and republic leaders say we are now in more danger of falling off the fiscal cliff on new year's day.

that would mean automatic spending cuts and the expiration of tax cuts for most americans. president obama sent his top negotiator to the treasury secretary. tim geithner to capitol hill today. he met with leaders of both parties. republicans say they made no progress. and surprise, each party blames the other. >> the democrats have yet to get serious about real spending cuts. and, secondly, no substantive progress has been made in the talks between the white house and the house over the last two weeks. >> republicans know where we stand. we have said it, we have said it, we have said it so many times the president said the same thing. it's been weeks, at least two weeks since we met at the white house and are still waiting for a serious offer from the republics. >> shepard: after his meeting with secretary geithner the senate minority leader mitch mcconnell said of administration officials quote today they took a step backward moving away from

consensus and closer to that cliff. ed henry is live at the white house for us tonight. ed we are getting new information about what tim geithner put on the table today at the hill. >> breaking tonight are these details basically the proposal included about $1.6 trillion in new taxes, not just tax rates, capital gains, dividends, et cetera. also about $50 billion in new spending next year. the white house down plays that by saying look, this is just stuff the president put out there previously in the american jobs. it's not so grand new stimulus plan but none the less speaker boehner is basically complaining that while there is a lot about the taxes, a lot about some new spending is he not seeing a lot of detail on spending cuts. take a listen. >> i'm disappointed. in where we are and disappointed in what's happened over the last couple of weeks. going over the fiscal cliff is serious business. and i'm here seriously trying to resolve it. and i would hope the white house would get serious as well.

>> now, the white house thinks republicans have overdone the outrage today. they say the real problem republicans have is they don't want to raise taxes on the rich. so basically we are still deadlocked tonight, shep. >> shepard: vice president biden did his part for the economy today. he went shopping? >> yeah a new cosco here in washington, d.c. opened up today. big crowd in the parking lot. vice president's motorcade showed up. he actually bought a big screen tv as well as a apple pie. what could be more american than that. he went on to is a say he is feeling good and optimistic about a deal. take a listen. >> i am. i am. all these folks in this store, man, going to make a difference. >> more important than shopping trip will be what actually happens between the president and speaker boehner. we're told they had a phone call last night. initial report suggested it was tense. white house saying they made some progress. we will see. shep? >> shepard: ed henry at the white house tonight. thanks very much. we are learning a bit more about the winning power ball tickets from last night's

record jackpot. we don't yet know who the big winners are. but we do know what one guy plans to do with his-million-dollar second prize. turns out it involves dinner at red lobster. that's ahead. plus former president george h.w. bush, bush 41 has been in the hospital since last week we have now learned. doctors say he will be okay and they're giving an update on his condition from the journalists of fox news on this thursday fox report. this holiday, share everything.

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woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water.

what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. >> shepard: former president george h.w. bush is expected to get out of the hospital within the next several days, that's the word from methodist hospital in houston. spokesman says doctors have been treating the 88-year-old former president for complications related to bronchitis. his chief of staff says he checked into the hospital last friday. and the doctor in charge of his care tells the houston chronicle newspaper there were concerns the former president might come down with pneumonia but that, he says, did not happen and they say that the illness was never considered

life threatening. the doctor also says former president bush should be well enough to head back home by the weekend. lottery news now. you can probably cancel those plans to buy you a castle and a spaceship. power ball reports there are two winning tickets out there for record 580-million-dollar jackpot. and the odds are you don't have one of them. lottery officials announced the winners boughted tickets in deer born, missouri and fountain hills, arizona but that's about as much as we know, really. it's also not clear whether the money will get split two ways or whether winners were part of some sort of office pool or whatever. a clerk at the store which sold one winning ticket in missouri said it's possible the winner doesn't even live in the state. >> it could be a trucker that passes. we get a lot of people from out of town but a lot of our truckers are, you know, i mean they come here all the time so you get to know them. you know. so it doesn't matter. it's just awesome that one of us could have touched that

ticket. >> shepard: if you do have one of those winning tickets or if you matched several numbers and won a smaller prize, sign that ticket. buy some champagne or whatever and maybe call a lawyer. maybe call the lawyer first. trace gallagher is live in los angeles. trace, there is word tonight that somebody has submitted one of the winning tickets? >> yeah. this is a ticket that was bought at that convenience store in dearborn, missouri, shep. we just contacted the lotto officials and they have confirmed that a winning ticket has been submitted. now, a local station in kansas city says they have identified the winner singular. but now the lottery officials tell us there are actually winners, plural. either way they are going to hold a news conference told, 11:00 local time at a high school near where that ticket was bought. unclear if the winners will be on hand but the lottery appears very confident tonight, shep, that they do have the winning ticket and they tell us there is more than one person attached to that ticket.

shep? >> shepard: no matter how many on those top tickets, trace there are a lot of new millionaires. >> yeah. there were 8 tickets that were worth $2 million. there were 58 tickets that matched all five of the white numbers. and those tickets are worth a million dollars each. i mean, that's a lot of new millionaires. including one guy from indianapolis. he bought his ticket a couple of days ago. he says that with his million dollars he plans to start a college fund for his daughter and take his girlfriend to red lobster. so, we are now just waiting on the winner to come forward in arizona. but one of the workers from that store thinks she has a hunch who it might be. listen. >> do you have a lot of regulars that come through here. >> definitely, yes. in fact there is one we are thinking of,. [ laughter ] we won't say who but we are thinking of somebody. >> let's see if they are right. all tolled across the country 8.9 million winners, $131 million and that does not, of course, include the jackpot which was

$588 million. amazing, shep. >> shepard: it really is. we can only hope one of the winners wear as sweet swine pork ryan hat. we can hope. >> exactly. >> check your local mcdonald's. for more than a week protests have ravaged egypt over the new nation dictator. grant himself almost complete power of almost 80 million people. the most populist in the region. today he spoke as lawmakers there began drafting a new constitution. we will hear from him. next, what egypt's president had to say about his controversial power grab and what could mean for the united states and the world as fox reports live tonight.

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>> shepard: high stakes showdown in one of the arab world's most important nation

following a week of antigovernment demonstration demonstrations. lawmakers in egypt today began hashing out a new constitution. after six days of dictatorial rule. of course, critics say the new government has already taken a step in the wrong direction and the move its making now could ripple across the middle east and affect u.s. interest in the region. protesters have been battling police ever since egypt's new president last week granted himself near absolute power. today, the president said the power grab will only be temporary. >> we have to share everything based on stable laws and based on the separation of powers executive, legislative and judicial. these matters should be independent and will take time. >> shepard: president morsey's infamous political party now has a majority and therefore a very strong hand in drafting the new constitution. that has worried many in the west because it could mean the

institution of islamic sharia law in a somewhat secular country that's really been reliably neutral mediator. steve harrigan live in cairo for us. steve? >> shepard, that constitutional assembly is still at it at 2:30 in the morning trying to push through a constitution in one day's time. it's not clear whether that document will calm the street protests that we have seen here for the past seven days or inflame them. we are getting a few details about the document. first, that it will limit presidential terms to just 2 four-year terms and also there might be no rigid code of islamic behavior. that is something that many liberal critics of this government and its supporters in that constitutional assembly were afraid would happen. the next step is going to be a referendum for the constitution, a nationwide vote. that's got to happen within two weeks' time. so it is possible that this could help get president morsey out of a political jam. he has said that he will

relinquish the extraordinary powers he took up last week when the constitution is adopted. that could be within two weeks' time. it's not clear whether that's going to be enough for the protesters on the street. there are large scale protests scheduled here both for friday and saturday. shepard, back to you. >> shepard: steve harrigan reporting from cairo. in nearby syria the government is still killing its own men, women and children. and it has now reportedly shut off the internet across almost all of the country. that's according to a couple of u.s. based internet moderating companies. the syrian government blames the terrorists or the rebels. meanwhile fights around the main airport damascus sparked airlines to suspend flights into the capital. now officials are preparing to recognize syria's opposition consulate. in other words the rebel's leaders as the legitimate representative of the syrian people. also today the defense secretary leon panetta says the united states is not giving rebel fighters surface-to-air missiles.

let me say uneequivocallably we have not provided any of those kinds of missiles to the opposition forces located in syria. >> activists report the syrian civil war has led to the deaths of more than 40,000 people. cops could be reading yemail rit the feds without a search warrant. some of your emails. in fact, some lawmakers are now trying to change that but opponents say it could have dangerous consequences. and there is new talk of bringing gitmo detainees here to the united states. one senator says it's doable. one congressman warns, you better not. plus why starbucks executives plus why starbucks executives claim theythe boys use$7 for a capital one venture miles for their annual football trip.

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46 starbucks located in the pacific northwest. $7 for coffee. i'm shepard smith. and this is the fox report. it's the bottom of the hour, time for the top of the news. which will cost you $7. u.s. outpost in benghazi was basically a death trap. that's what lawmakers are saying after a closed classified hearing on capitol hill. they say the facility did not get security upgrades that officials recommended three years ago. three years before the attack on the compound that killed the u.s. ambassador to libya chris stevens and three other americans. it's the top top story at the bottom of the hour. catherine herridge is live on it from the top of our newsroom. what type of security are we talking about catherine. >> told high risk sites including the benghazi consulate report in 2009 recommended fiscal barriers to prevent the overrunning of diplomatic facilities. these barriers are so-called man traps create two layers of security in simple terms. have you got to clear two access points.

the idea is that it restricts how many people at any one time can enter the imownd and at that closed hearing before the senate homeland security committee, witnesses testify that those changes were never made in benghazi. >> well, there were physical improvements in security made in benghazi. those specific recommendations for man traps were not built into the security in benghazi. >> well, stopping short of say saying whether this security would have stopped the attack, the two senators saying surveillance video from the cameras at the consulate showed how easily the terrorists broke through the gates and basically just walked in and set the compound on fire, shep. >> shepard: what about the military response there, catherine? >> well, the hearing was close sod we can only rely on what the senators told reporters afterwards. what they said is that there were witnesses from the state department, the cia, and the defense department and senator lieberman believes that military assets were not close and part of this back and

forth in washington over budget cuts is to blame. >> this really goes to the budget debates that are going on now. because the american military is stretched. >> other critics question whether the administration's pivot to asia had an impact with benghazi simply put that these assets were just too far out of the way. the defense department has said repeatedly they moved what they had as quickly as they could that night, shep. >> shepard: catherine herridge in washington. well, the u.s. could transfer all of the detainees at guantanamo bay here to the united states without jerp could i jeopardizing national security at all. that's the word from the head of the senate intelligence committee. the california democrat dianne feinstein said she asked the government accountability office to look into whether american prisons would handle detainees and she says the answer jevment gao report makes clear prison does exist in the united states operated by the defense and the justice department capable of holing the 166 detainees that remain at guantanamo bay in an

environment that meets the security requirements. there is one problem. congress passed a law that bans the transfer of detainees to the united states and virginia republic congressman frank wolf says and i quote: these events should serve as a wakeup call to the american public that terrorists like khalid sheikh mohammed who confessed to his involvement in the plotting of the 9/11 attacks on the united states could one day appear in courtrooms on american soil. the army private accused of leaking classified information to wikileaks web sight took the stand today and testified he thought he was doomed to die in custody. private bradley manning or brad ass 87 as he identified himself online has been testifying for hours during pre-trial hearing at maryland's fort mead. today he explained what it was like in his cell using the outline that the defense placed on the floor. he talked about sleeping naked in custody after telling the guards that he wanted to kill himself he he could do it with his underwear and socks so naked.

he also tried the antisuicide smock that he says the guards eventually gave him to wear. private manning's lawyers are trying to get the judge to dismiss the charges against him because they argue the military treated him too harshly. overnight raids as cops worked to crack a ring accused of record-setting crime half way around the world. and it tops our news around the world in 80 seconds. romaine i can't. police stormed homes in more than half a dozen cities and arrested 16 people. authorities say the suspects pulled off the biggest credit crowd fraud in the history of australia. attacking computers of a hundred businesses down under. stealing data from 30,000 cards and making $30 million in fraudulent transactions around the world. 15 countries worked on the investigation. it began with a tip from a bank last year. united kingdom. floodwaters swamped several towns across england and

whales after a week of torrential rain. environmental agency officials now estimate the flooding damaged or destroyed some 1600 homes. guatemala. a volcano erupted west of the capital guatemala city. the creator sent thick smoke more than 3 miles into the sky. ash rained down on nearby villages. coating cars and homes. a lava flow from the same volcano killed thousands of people after an eruption in 1929. georgia. a man pulled a truck weighing nearly 9 tons for 70 feet with his ear. he he says it took him two months to prepare. organizers clay it's a new world record and say they are notifying the guinness folks and that's a wrap or this fox trip around the world in 80 seconds. >> shepard: twinkie maker hostess has more than a

hundred potential buyers for product lines. the company is fighting in bankruptcy court to give big bonuses to some of its executives. that's ahead. we all know eating a lot of twinkies can pad that belly, right. researchers can predict at birth whether somebody will become obese. oh, can you really? how do you know how many twinkies i'm going to eat before i eat them? my name is hunter cannon.

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ended up 37, it plunged 85 earlier in the day after the house speaker john boehner says there has been no progress towards a deal. that could be just what the speaker's willing to say in public. in fact, that's what sources are telling us. as i mentioned earlier, some insiders say a deal is already very much in the works and that apparently had traders quite optimistic. the nasdaq ended up 20. the s&p up 6. also helping stocks today word

that fewer americans applied for fewer unemployment benefits last week. first time claims dropped to 393,000. second straight drop after a super storm sandy caused a spike in claims across the northeastern united states. the storm also caused big headaches for major retailers according to folks at master card who track spending sandy kept shoppers in hard hit areas from spending estimated $4 billion in stores. today big name chains macy's targeting and kohl's weak sales in november. came despite strong black friday sales which many started on thanksgiving day itself. you have probably heard that the maker of twinkies is about to go belly up. the company wants to pay a number of high level executives nearly $2 million in bonuses. that's despite the fact that 18,000 employees are about to be out of work. you will recall hostess brands decided to shut down operations earlier this month it. it makes wonder bread, who he who hes. dingdongs. bakers union gone on strike over salary and benefit cuts. the union claims years of

mismanagement ran the company into the ground. $1.8 million in bonus money wouldn't have saved the money from bankruptcy far from it but it's still a lot of mud in the eye for all those workers who will soon be out of a job. sandra smith is with us now from the fox business network. explain about these bonuses, sandra. >> hey, shepard, they say these incentive bonuses are intend to pay as the company calls it we know them as bonuses are meant to retain the executives and managers through the liquidation process which by the way could take about a year. this nearly $2 million in bonuses may not be all. we are also told that two of those 19 executives are eligible for even more pay on top of those bonuses. depending on how the liquidation process goes. >> shepard: sandra, i said earlier hostess is in talks with a hundred different breeders for its brands going up and up. >> twinkie business is worth something. all those sales have been declining in recent years.

hostess says annual sales come in between 2.3 and $2.4 billion a year. so, many potential suiters are stepping forward. some include national package food makers. a lot of international companies are stepping forward saying they want to buy the iconic company. and also some of its own customers, including supermarket chains are showing interest in buying hostess. so, doesn't look like the twinkie is going away any time soon. shepard? >> shepard: thank god. sandra smith at the business network. thank you. >> thank you. >> shepard: researches have come up with a way to predict whether your baby will grow up to be obese. the formula takes into account several factors, the birth weight, mother's occupation and whether she smoked while pregnant. the u.s. senators for disease control and prevention estimates 17% of american kids owe r. obese, that's triple the rate from one generation ago. john roberts home live in atlanta. he had can't do this, can they? how do they do it? >> they claim they can do it

with 80% accuracy. take a look at the calculator here. parents high normals bmi's 24. child weighed 9 pounds. the probability that child would become obese over time is 2% if mom is either professional or entrepreneur. social environment factors. if mom is unskilled worker and unemployed that rate jumps to 15%. race also plays a factor. in this calculator tailor into the u.s. market. if mom and dad are sort of a little bit overweight, mom gained 25% extra weight when pre of the baby is asian, 7% chance that baby will become obese. if the baby is black that jumps to 30%. they looked at 4,000 people in finland over 25 years to come up with a basic calculator and worked with harvard to come out that with that u.s. >> shepard: it also works to exercise and eat right. >> difficult to exercise and eat right when you are six weeks old, shep. what this tells us is that the very earliest stages of life

which children are at risk becoming obese. typically you don't find out 3 or 4. many children it's too late to go back. have you got to get them at the earliest ages of life says the professor who led this study. >> we don't have the magic box for presenting a ability. we only say it's very easy to detect that people have choice. now it's time to try to do something to prevent obesity in this part of the population. >> and the best news about all of this, yes, you can do it at home. we have got the calculator for you shep at fox news health.com. give it a try. as long as you know what your baby weighed and "your word" bmi at the moment birth you should be able to come up with the calculation. >> shepard: got it handy. in my wallet at all times. thank you. the governors of the state suffering most from the super storm sandy say they need more money and need it quick from the feds. the governors of new york and new jersey and connecticut are joining forces to push for additional rebuilding aid.

they are requesting $42 billion for new york state. some of which would be used to prevent future flooding. they are asking for $37 billion to go to recovery efforts in jersey. connecticut seeking 360 million. and as states request more cash, congress today took its first hard look at the storm damage. lawmakers from hard hit states in the northeast gave grim testimony about the devastation. they told of more than 70,000 damaged buildings in new jersey alone. 20 million square feet of office space in new york still closed most intense testimony today detailed the storm's personal toll. here's the new york senator kirsten gillibrand on a mother and her children trapped in the rising water. >> her vehicle stalled. she took her children out of the car. she tried to get them to higher land and they were taken from her arms these children were 2 years old and 4 years old. the mother could do nothing about it because this storm was so strong.

>> shepard: rescue crews later found those children's bodies. the senator's testimony brought california senator barbara boxer to tears. in case you missed it, two states have legalized marijuana for use in any way you want. but the question now is should employers still be able to fire you if you get high? plus a new york city cop, a simple act of kindness and the tourist who captured the moment on camera. that's still ahead. share "not even close." share "you owe me..." share "just right." the share everything plan. shareable data across 10 devices with uimited talk and text. by htc for $49.99.

>> shepard: a big step in washington making it harder for law enforcement to snoop around in our email. as it stands right now, federal authorities need only a -- don't even need a search warrant to read emails that are older than six months. the bill in the judiciary

committee passed today would force cops to get or i should say federal authorities to get a warrant for all emails. the current law was intended for investigations into bank transfers and dates back to 1986, long before most of us even had email obviously. law enforcement officials claim it will make their jobs more difficult if a judge has to sign off on what they do to us. the bill still has to pass the full senate and the house before it moves on to the president for a pen. some employers in the united states in the states that just legalized marijuana say they will not change their zero tolerance policy on drugs. voters in washington state and colorado legalized marijuana for anybody over the age of 21 or 21 and over, i should say. pot is still against federal law some employers are warning their employees that they could still fire them for smoking the green.

these aren't new laws. these new laws are not giving anybody a license to smoke. could be very risky for drug policy danger for workers is they just have to test positive. they do not have to be impaired on the job. pot can be detected in your system a week after smoking it business owners are worried about lawsuits they will not stop testing. >> my men have to be very, very clearly headed. not only that they are and the work we do is dangerous work. >> companies are also worried it might get tougher to higher people, shep. >> shepard: test for alcohol too? a much more dangerous drug? >> well, you test for all the drugs when you do that drug testing at work place. but you don't test for alcohol. but union lawyers say that now that pot is legal, it should be treated just like alcohol. that's the argument. and because union members go through arbitration when they get fired instead of civil courts, they stand a much better chance of keeping their

jobs. >> we would vigorously defend our members' right to engage in legal off duty conduct. the duty would be on the employer to show there is impact on the job. >> with no clear test for impairment, shep, the whole thing is in a bit of a purple haze, back to you. >> shepard: listen to you, big dan. thank you, sir. on any given night in new york city thousands of people are living on the streets. even in the dead of winter most people just walk right by them. that may be why one new york city's officer good deed getting so much attention. a tourist snapped this photo of him in times square giving boots to a bare foot homeless guy. we're told the officer bought them with his own money. >> he had boots in his hand and i heard him quite clearly say i have these size 12 all-weather boots for you let's take care of you. the gentleman sat down against the wall and i'm telling you his face lit up. >> shepard: that officer tells the "new york times" newspaper it was freezing out and he

could see the blisters on the man's feet. the tourists who took the photo sent it in to the nypd. the nypd posted it on facebook and it went viral. the authority it's already got half a million likes and some 30,000 comments. there is ice on the planet closest to the sun. scientists have proof in data from the first space craft to or bit mercury. for years radar measurements suggested there was ice at mercury's north and south poles. you see them in red there. they are permanently in the shadow and researchers say the newest data from nasa's messenger space craft confirms frozen water, at reese a foot deep in mercury's north pole. the planet has no atmosphere. it can't hold the heat in the nearby sun. despite the findings there is little chance of any life on mercury. there was a kardashian involved in a manner of speaking in the first bench

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humphreys to retaliate. another brooklyn player. rondo today said i'm not a dirty player. unquote. the league suspended him for two games. brooklyn. updating our top stories tonight. president obama hosting formal rival mitt romney for lunch at the white house. aides say the two men discussed america's leadership in the role during an hour long meeting and that they

vowed to stay in touch, pretty much. and officials in the missouri lottery say a winner has come forward in last night's record power ball jackpot. still waiting for a seconds winner out of arizona to claim half of that nearly 600-million-dollar prize. on this day in 1947. newly formed united nations voted to split up palestine which later led to the creation of an independent jewish state. for centuries the auto monday empire had controlled the area. in the early 1900s, zionist justs justs from europe began imgrating there seeking a new homeland. arabs who lived in palestine were not happy riots erupted. after world war i the brits folk control and attempted to contain the fighting. it did not work. in 1947 the united nations stepped in and voted to try to separate the jews and the arabs. the following year israel was born there have been several major wars since then. and the blood shed